We have acted for many parents seeking certainty about their children after separation.The Family Law Act covers all children regardless of whether they were born to parents who are married, defacto or same sex, adopted, conceived after IVF treatments or otherwise.
In 2006 the law with respect to children changed so that the court must now presume that it is in the best interests of every child to know and be loved by both their parents and spend equal, or substantial and significant time with both parents. This means that Family Law Courts will start from the premise that it is best for your child to see both of his/her parents unless there are grounds of family violence and/or physical or psychological abuse. No child should be subjected to violence or abuse and all children should be protected from witnessing or themselves being subjected to violence or abuse. This is the law.
Substantial or significant time means seeing your children during the week, on weekends, during school weeks and/or during holidays. It means spending ordinary and mundane times together as well as weekends and holidays. By avoiding the sandwiching of children between disputing parents and providing the happiest atmosphere possible, children are best situated to focus on school, develop good friends and healthy relationships despite the changing landscape at home. For parents this affords the opportunity for free time whilst your children are staying with your ex-spouse.
Where possible it is our philosophy to cushion children from disagreement and quickly resolve any disputes by way of consent orders (or a parenting plan). Everyone can then move forward with some certainty. If however there are issues of abuse or violence and you want to keep your children safe from harm, we can help you obtain orders to protect you and your children.
We are child friendly family lawyers and dedicated to making the experience as stress-free as possible for you. We have created a creche within our office so your children can play, while you meet with our legal team in the adjacent conference room.
We understand what it is like to be a spouse and/or parent.